Sec. 1

feit to the United States the sum of $100 for each offense, which may be recovered in a civil action brought by the United States.

may require fil

rules and regula

(13) The Commission is hereby authorized by general Commission or special orders to require all carriers by railroad sub-ing of car service ject to this Act, or any of them, to file with it from time tions. to time their rules and regulations with respect to car service, and the Commission may, in its discretion, direct that such rules and regulations shall be incorporated in in schedules; subtheir schedules showing rates, fares, and charges for Ject to Act. transportation, and be subject to any or all of the provisions of this Act relating thereto.

Incorporation

Commission

rules, regulations,

(14) The Commission may, after hearing, on a com- may establish plaint or upon its own initiative without complaint, or practices. establish reasonable rules, regulations, and practices with respect to car service by carriers by railroad subject to this Act, including the compensation to be paid for and penalties. the use of any locomotive, car, or other vehicle not owned by the carrier using it, and the penalties or other sanctions for nonobservance of such rules, regulations or practices.

Compensation

mission when

established

car service; fixa

(15) Whenever the Commission is of opinion that Power of Comshortage of equipment, congestion of traffic, or other emergency exists. emergency requiring immediate action exists in any section of the country, the Commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, if it so orders, without answer or other formal pleading by the interested carrier or carriers, and with or without notice, hearing, or the making or filing of a report, according as the Commission may determine: (a) to suspend the suspensions. operation of any or all rules, regulations, or practices then established with respect to car service for such time as may be determined by the Commission; (b) to make directions as to such just and reasonable directions with respect to cartion of compensaservice without regard to the ownership as between carriers of locomotives, cars, and other vehicles, during such emergency as in its opinion will best promote the service in the interest of the public and the commerce of the people, upon such terms of compensation as between the carriers as they may agree upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable; (c) to require requirement of such joint or common use of terminals, including main- use of terminals, line track or tracks for a reasonable distance outside of such terminals, as in its opinion will best meet the emergency and serve the public interest, and upon such terms

tion.

Sec. 1

mission, pre

ority, embargoes,

as between the carriers as they may agree upon, or, in the Power of Com-event of their disagreement, as the Commission may scription of terms. after subsequent hearing find to be just and reasonable; -preference, pri- and (d) to give directions for preference or priority in and movement transportation, embargoes, or movement of traffic under under permit. permits, at such time and for such periods as it may determine, and to modify, change, suspend, or annul them. In time of war or threatened war the President may certify to the Commission that it is essential to the national defense and security that certain traffic shall -priority upon have preference or priority in transportation, and the President. Commission shall, under the power herein conferred, direct that such preference or priority be afforded.

certificate of

fic.

Routing of traf

(16) Whenever the Commission is of opinion that any carrier by railroad subject to this Act is for any reason unable to transport the traffic offered it so as properly to serve the public, it may, upon the same procedure as provided in paragraph (15), make such just and reasonable directions with respect to the handling, routing, and movement of the traffic of such carrier and its distribution over other lines of roads, as in the opinion of the Commission will best promote the service in the interest of the public and the commerce of the people, and upon Fixation of such terms as between the carriers as they may agree riers disagree. upon, or, in the event of their disagreement, as the Commission may after subsequent hearing find to be just and reasonable.

terms when car

directions given

earriers required.

(17) The directions of the Commission as to car servCommission's ice and to the matters referred to in paragraphs (15) through agencies, and (16) may be made through and by such agents or agencies as the Commission shall designate and appoint for that purpose. It shall be the duty of all carriers by Compliance by railroad subject to this Act, and of their officers, agents, and employees, to obey strictly and conform promptly to such orders or directions of the Commission, and in case of failure or refusal on the part of any carrier, receiver, or operating trustee to comply with any such order or direction such carrier, receiver, or trustee shall be liable to a penalty of not less than $100 nor more than $500 for each such offense and $50 for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States: Provided, however, That nothing in this Act shall impair or affect the right of a Preservation of State, in the exercise of its police power, to require just and reasonable freight and passenger service for intrastate business, except in so far as such requirement is inconsist

Penalty.

State police

power,

ent with any lawful order of the Commission made under the provisions of this Act.

Sec. 1

of

convenience and

(18) After ninety days after this paragraph takes effect Certificate no carrier by railroad subject to this Act shall undertake necessity, when required. the extension of its line of railroad, or the construction of a new line of railroad, or shall acquire or operate any line of railroad, or extension thereof, or shall engage in transportation under this Act over or by means of such additional or extended line of railroad, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line of railroad, and no carrier by railroad sub- No ment of line withject to this Act shall abandon all or any portion of a line out certificate of railroad, or the operation thereof, unless and until sion. there shall first have been obtained from the Commission

a certificate that the present or future public convenience and necessity permit of such abandonment.

abandon

Commis

application

for

(19) The application for and issuance of any such cer- Procedure upon tificate shall be under such rules and regulations as to certificate. hearings and other matters as the Commission may from time to time prescribe, and the provisions of this Act shall apply to all such proceedings. Upon receipt of any application for such certificate the Commission shall cause notice thereof to be given to and a copy filed with the Notice. governor of each State in which such additional or extended line of railroad is proposed to be constructed or operated, or all or any portion of a line of railroad, or the operation thereof, is proposed to be abandoned, with the right to be heard as hereinafter provided with respect to Right to be the hearing of complaints or the issuance of securities; and said notice shall also be published for three consecutive weeks in some newspaper of general circulation in each county in or through which said line of railroad is constructed or operates.

heard.

Certificate may

be refused, or is

sued as prayed or

partially.

(20) The Commission shall have power to issue such certificate as prayed for, or to refuse to issue it, or to issue it for a portion or portions of a line of railroad, or extension thereof, described in the application, or for the partial exercise only of such right or privilege, and may attach to the issuance of the certificate such terms and Terms and conconditions as in its judgment the public convenience and to issuance. necessity may require. From and after issuance of such certificate, and not before, the carrier by railroad may, without securing approval other than such certificate, Other approval comply with the terms and conditions contained in or

ditions attached

unnecessary.

Sec. 1

against unauthor

operation or abandonment.

Penalty.

attached to the issuance of such certificate and proceed with the construction, operation, or abandonment covered Injunction thereby. Any construction, operation, or abandonment ized construction, contrary to the provisions of this paragraph or of paragraph (18) or (19) of this section may be enjoined by any court of competent jurisdiction at the suit of the United States, the Commission, any commission or regulating body of the State or States affected, or any party in interest; and any carrier which, or any director, officer, receiver, operating trustee, lessee, agent, or person, acting for or employed by such carrier, who knowingly authorizes, consents to, or permits any violation of the provisions of this paragraph or of paragraph (18) of this section, shall upon conviction thereof be punished by a fine of not more than $5,000 or by imprisonment for not more than three years, or both. (21) The Commission may, after hearing, in a promay require provision of facilities ceeding upon complaint or upon its own initiative without complaint, authorize or require by order any carrier by railroad subject to this Act, party to such proceeding, to provide itself with safe and adequate facilities for performing as a common carrier its car service as that term of is used in this Act, and to extend its line or lines: ProPrerequisite vided, That no such authorization or order shall be made venience, neces-unless the Commission finds, as to such extension, that it sity and ability. is reasonably required in the interest of public conven

Commission

for car service.

Extension

lines.

finding as to

Penalty.

When

certifiate not required.

operated electric

cepted.

ience and necessity, or as to such extension or facilities that the expense involved therein will not impair the ability of the carrier to perform its duty to the public. Any carrier subject to this Act which refuses or neglects to comply with any order of the Commission made in pursuance of this paragraph shall be liable to a penalty of $100 for each day during which such refusal or neglect continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States.

(22) The authority of the Commission conferred by paragraphs (18) to (21), both inclusive, shall not extend to the construction or abandonment of spur, industrial, team, Independently switching or side tracks, located or to be located wholly railways ex-within one State, or of street, suburban, or interurban electric.railways, which are not operated as a part or parts of a general steam railroad system of transportation. (23) That on and after the approval of this Act any war for obstruc-person or persons who shall, during the war in which the tion of interstate United States is now engaged,1 knowingly and willfully, by physical force or intimidation by threats of physical force obstruct or retard, or aid in obstructing or retarding, the

40 Stat. L., 272. Penalty during

commerce.

1 For footnote, see page 17.

Sec. 1

prevent obstruc

orderly conduct or movement in the United States of interstate or foreign commerce, or the orderly make-up or movement or disposition of any train, or the movement or disposition of any locomotive, car, or other vehicle on any railroad or elsewhere in the United States engaged in interstate or foreign commerce shall be deemed guilty of a misdemeanor, and for every such offense shall be punishable by a fine of not exceeding $100 or by imprisonment for not exceeding six months, or by both such fine and imprisonment; and the President of the President may United States is hereby authorized, whenever in his judg-tion or retardament the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of the passage of the mail, or of the orderly conduct or movement of interstate or foreign commerce in any part of the United States, or of any train, locomotive, car, or other vehicle upon any railroad or elsewhere in the United States engaged in interstate or foreign commerce: Provided, That nothing in this section Proviso, as to shall be construed to repeal, modify, or affect either sec-act. tion six or section twenty of an Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October fifteenth, nineteen hundred and fourteen.

Clayton antitrust

President may

transportation

(24) That during the continuance of the war in which 40 Stat. L., 272. the United States is now engaged1 the President is author- direct priority in ized, if he finds it necessary for the national defense and during war. security, to direct that such traffic or such shipment of commodities as, in his judgment, may be essential to the national defense and security shall have preference or priority in transportation by any common carrier by railroad, water, or otherwise. He may give these direc- How direction tions at and for such times as he may determine, and may modify, change, suspend, or annul them, and for any such purpose he is hereby authorized to issue orders. direct, or through such person or persons as he may designate for the purpose or through the Interstate Commerce Commission. Officials of the United States, when Administrative so designated, shall receive no compensation for their ized.

1 Public Resolution No. 64, 66th Congress, approved March 3, 1921, provides, in part: "That in the interpretation of any provision relating to the duration or date of the termination of the present war or of the present or existing emergency, * * * in any acts of Congress * ** containing provisions contingent upon the duration or the date of the termination of such war or of such present or existing emergency, the date when this resolution becomes effective shall be construed and treated as the date of the termination of the war or of the present or existing emergency, notwithstanding any provision in any act of Congress or joint resolution providing any other mode of determining the date of such termination."

47719°-21- -2

may be given.

facilities author

41 Stat. L.,

1359.